The Prevention of Electronic Crimes Act (Peca) is the state's new favourite toy, with journalists, social media influencers and even ordinary citizens being targeted at an unprecedented rate. Recent cases of Peca trouble include those of journalists Farhan Mallick in Karachi, Waheed Murad in Islamabad and Shafiq in Sahiwal. While Murad was granted bail by the District and Sessions Court in Islamabad, Mallick remains in custody without relief. But none of this has come without outrage in reaction. In fact, the only thing as reliable as the Pakistani state’s ever-increasing suspicion and hostility towards online speech has been the opposition of those determined not to let a law with such dangerous implications for civil liberties stand. Legal action against Peca has been ongoing since its inception. The Pakistan Federal Union of Journalists (PFUJ) recently filed a challenge against the latest round of Peca amendments in the Islamabad High Court, arguing that the law is unconstitutional, violates fundamental rights, and is liable to be struck down.
The draconian amendments to Peca have created an environment of fear, where individuals can be targeted merely for exposing incompetence or speaking out against wrongdoing. Case in point: one person being 'Peca-d' for sharing a video of a traffic cop failing to perform his duty, while another person has faced legal action for warning about a scam involving an impersonator. Such arbitrary applications of the law demonstrate its potential for abuse and its role in silencing dissent. It is important to acknowledge that misinformation and fake news are real problems that have caused real harm. However, even those journalists who favour more stringent regulation of online speech agree that Peca is not the way to go. Giving the state unchecked power to prosecute individuals for what they say online will not result in a healthier or more truthful media landscape. Instead, it will exacerbate existing issues, driving people further into echo chambers of misinformation. Clamping down on traditional media is what pushed many towards alternative online platforms in the first place -- some seeking credible voices, others falling into the trap of conspiracies and propaganda. The state must develop mechanisms that truly target misinformation without silencing legitimate criticism and journalism.
Since its inception, Peca has been wielded as a weapon against lawyers, activists, human rights defenders, journalists and politicians who dare to speak the truth. The vagueness of the law allows for its application without accountability or redress. Successive governments -- civilian, military, and hybrid -- have attempted to suppress dissent through censorship, intimidation, and legal harassment. However, history shows that such efforts are ultimately futile. Pakistanis are a resilient people who have repeatedly resisted oppression. The media has endured extreme censorship before, such as during General Ziaul Haq’s dictatorship, when entire columns and pages were left blank in protest. More recently, under the PTI government, media freedom suffered immensely, with talk shows abruptly taken off air, journalists fired for critical reporting, and even the names of opposition politicians banned from broadcast. And now we have the current Peca regime. Despite these challenges, many journalists have continued to push back against repression. It is deeply disappointing that the current government, which once championed media freedom while in opposition, is now actively undermining it. The actions taken under Peca are not about combating fake news or defamation; they are about instilling fear and silencing criticism. However, resistance is inevitable. A free and fearless press is the cornerstone of any democracy, and Pakistan’s journalists have shown time and again that they will not be intimidated into silence.
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